Canady+v.+Bossier+Parish+School+Board

Kari Graves

 **UNITED STATES COURT OF APPEALS **  **FOR THE FIFTH CIRCUIT ** No. 99-31318 CANADY Plaintiffs-Appellants VERSUS BOSSIER PARISH SCHOOL BOARD Defendant-Appellee. Appeal from the United States District Court For the Western District of Louisiana <span style="background: white; display: block; line-height: 13.5pt; margin: 0in 0in 0pt; tab-stops: 45.8pt 91.6pt 137.4pt 183.2pt 229.0pt 274.8pt 320.6pt 366.4pt 412.2pt 458.0pt 503.8pt 549.6pt 595.4pt 641.2pt 687.0pt 732.8pt; text-align: center;"><span style="color: #000000; display: block; font-family: 'Times New Roman',serif; font-size: 9pt; text-align: center;">January 23, 2001 **<span style="font-family: 'Times New Roman',serif;">Background ** The U.S. Court of Appeals has to decide whether school board officials made were allowed to mandate school uniforms in order to improve the quality of education in the public school system. In 1997 Bossier Parish implemented the dress code and had to inform the parents, through written notice, explaining the requirements of the new dress code. In the 1998-1999 school year, several parents in the Bossier Parish School System filed suit, claiming that the new dress code violated the students First Amendment rights to free speech, and their ability to express themselves. <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">In a 3-0 decision, a Fifth Circuit panel held that adjusting the school's dress code by adopting a uniform policy is a constitutional means for school officials to improve the educational process if it is not directed at censoring the expressive content of student clothing <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9pt;">. <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> The uniform policy in this case was passed to improve the education experience by increasing test scores and reducing behavior problems. Student’s may not have had the choice on what to wear to school but were free to wear what they wanted outside school hours. <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The court decided that the mandatory uniform policy did not violate the student's First Amendment rights. <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">During adolescence student’s use their clothes, hair, make-up and other things to start forming their identity and what they want others to perceive them as. This is natural among adolescence but when establishing their identity interferes with their education this becomes a problem. As educators we are well aware that students can be easily distracted and when you have students worried more about what they are wearing or if their makeup is smeared rather than focusing on the lesson uniforms sound like the way to go. School boards need to take a closer look into mandating a uniform the benefits can extend beyond just test scores and less behavior issues. This case also showed that school officials do have a say what can and cannot be in the school system. The goal is for students to receive the best education possible and the <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> school board has the power to make such a policy that promotes a substantial interest of the board and is not intended to censor student expression just improve the student’s education experience. <span style="color: #000000; font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">Question: <span style="color: #000000; font-family: 'Times New Roman',serif; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">Why did the court feel the uniform dress code was not a violation of the First Amendment Rights?
 * Decision and Rationale **
 * Implications **

Submitted by Jose Ramirez Canady v. Bossier Parish School Board United States court of Appeals, Fifth Circuit Argued Decided January 23, 2001

BACKGROUND: In this case, the U.S. Court of Appeals is called on to decide whether school officials made the right choice in order to improve the quality of education in the public school system. In 1997, the Louisiana Legislature amended a Statute to allow parish school boards to implement mandatory uniforms, on the condition that they inform the parents, through written notice, explaining the requirements of the new dress code. In the 1998-1999 school year, several parents in the Bossier Parish School System filed suit, claiming that the new dress code was a violation of the students First Amendment rights to free speech, and their right to express themselves. The school board presented statistics gathered throughout the first year, that schools reported less discipline problems and increased test results.

DECISION AND RATIONALE: The U.S. Courts of Appeals Affirmed the district court’s order and sided in favor of the Bossier Parish School Board. The Court’s decision was based in the welfare of the students. Free speech is protected by the Constitution. However, while certain forms of expressive conduct and speech are protected by the First Amendment, this protection is not absolute and there is some limit, especially in the public school setting. The Court brought the attention of Bethel School District v. Fraser, in which a student was suspended for delivering a speech, at a school assembly, which contained sexually explicit metaphors that the school administrators felt were inappropriate. The court's decision reinforced the idea that the school board’s role is to regulate school affairs and establish standards of conduct, which will protect all students. The court also explained that the school system does not need to tolerate any form of speech that is inconsistent with its “basic educational mission”. The government has no way of enforcing any type of censorship outside of school property, however the school boards, not the government, have the authority to decide what type of behavior and speech is appropriate on school grounds.

IMPACT ON TEACHING: This ruling by the Court of Appeals grants the school boards power to decide what is and isn’t allowed in school settings, as long as it is for the best interest of our students. Throughout the years, students have expressed themselves through their clothing, hair, language and many other forms. This type of expression is important in the developing stages of adolescence. However, when expression takes on the form of distraction, school administrators have the right to step in and decide whether or not the student’s freedom of speech or expression is impeding the mission of the school system.

QUESTION: Which court case was cited to prove the point that school systems can regulate school affairs?

Submitted by: David Boeck <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">Canady ET el. <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">v. <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">Bossier Parish School Board <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">United States court of Appeals, Fifth Circuit <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">Argued <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">Decided January 23, 2001 <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">Summary: <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">In an effort to improve discipline and test scores, the Bossier Parrish school board was given the right to implement a uniform policy in it member schools. The amended statue gave the school board authority to require students to dress only in school approved uniforms. The school board initially implemented the new dress code in a select group of schools as a test group, using the remaining schools as an unaltered test group. The test was successful and the code was implemented to all schools. A number of parents within Bossier area of operation filed suit against the school board claiming the dress code violated their children’s First Amendment right to freedom of speech. <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">Decision and rationale: <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">The courts decided the case in favor of the Bossier Parrish school board. The court reasoned that there was not a violation of the student’s First Amendment rights citing several cases where the good of the body in a public school outweighed the supposed freedom of expression that hairstyles or clothes gave individual students. The court also reasoned that it did not violate freedom of religion as the plaintiffs showed no instance where the uniforms interfered with a student’s religious orientation or belief system. <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">Implication for education: <span style="font-family: 'Arial','sans-serif'; font-size: 8pt; line-height: 115%; margin: 0in 0in 10pt;">The proof that uniforms help not hinder educational goals should make this a priority for all school systems. The well being of all students is the primary goal of schools and the uniform policy would be a great step forward in the right direction. We as educators need to embrace these findings and help to bring change for the good of all in educational settings.

Question: How many schools were used in the test run for uniform effectiveness in Bossier Parrish?